building of the Annexation and Separation Wall, colonies, checkpoints and bypass roads. The owners are subsequently forbidden from using or accessing
that land, even though the official ownership has not been transferred. This de
facto confiscation is what is commonly known as denial of use and access and
in most cases is utilized as an intermediary step that eventually results in de
jure confiscation, when the transfer of ownership does occur.
Privatization is the process by which the ownership of properties or land is
transferred from the authorities and quasi-government organizations to the
private sector. By privatizing land originally owned by Palestinians, Israel aims
to make the confiscation permanent and erase possibilities of reversing the
process within Israeli legal systems. Privatization is mainly used inside Israel,
in cities such as Haifa, Acre or Jaffa, and but also in East Jerusalem against
properties that belong to the Palestinian refugees and internally displaced
persons (IDPs) who were or are residents of those cities.
Whether through de facto or de jure confiscation, using force, legislation or
recognition of the illegal actions of non-state actors, Israeli land confiscation
is a policy violating international laws and principles. Moreover, the following
cases demonstrate how the confiscation of Palestinian land is a discriminatory
policy motivated by political aims that is used to displace Palestinians from
their lands and homes.
Evolution of Land Confiscation and Denial of Use
Confiscation of land and denial of use and access in Mandate Palestine has
taken place in various stages and through various mechanisms. During the
British Mandate, it was suggested that all uncultivable land be registered in
the name of the High Commissioner of Palestine, providing that it would be
used for the good of the community.2 Following the 1948 War, known as the
‘Nakba’,3 and the forcible displacement of over 750,000 Palestinians to what
came to be called the oPt and to neighboring countries, Israel established
itself on 78 percent of the territory of Mandate Palestine.4 After 1948, Israel as
the successor sovereign ‘inherited’ all the land that was registered in the High
Commissioner’s name from the British government, which became dubbed
as Israeli ‘state land’.5 Moreover, the properties of all the forcibly displaced
10
2
Bakir Abu Kishk, “Arab Lands and Israeli Policy,” Journal of Palestine Studies 11, no. 1 (1981):127
[hereinafter Abu Kishk, “Arab Lands”].
3
Nakba means catastrophe in Arabic.
4
Jad Isaac, The Israel-Palestine Conflict: Parallel Discourses, (University of California Los Angeles Center
for Middle East Development Series 1st ed., 2011), 68 [hereinafter Isaac, Parallel Discourses].
5
Abu Kishk, “Arab Lands”, supra note 2.
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